The Argus at KellyGang 21/2/1874 (3)

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Mr Purves contended that the board had no power to investigate private accounts.

The witness said he could not, as a bank manager, produce cheques belonging to private customers without their consent.

Mr Holmes said that he was bound to produce them, and by his refusal he rendered himself liable to a penalty of £20.

Mr G P Smith.-The cheques are the property of the Government, having been paid into a Government account.

Witness.-The cheques are the property of the persons who drew them.

Mr G P Smith asked the witness to produce certain pay-in slips to the land officer’s account.

The witness produced the pay-in slips, but refused to give any information concerning any private account.

Mr Holmes said that the question of the powers of the board must be tested, and this occasion would do as well as another.

Mr G P Smith asked the witness whether he had in his possession a cheque of Spicer and Cowell's for £17 answering to one mentioned in a pay-slip produced. The witness declined to answer.

Mr Holmes said the board had determined that the witness should be fined the sum of £20, for refusing to answer questions relative to the inquiry, and he should direct the police constable to take steps to recover the penalty in the manner provided for by the act. The witness then retired.

Mr Graves was recalled, and in answer to Mr Purves, he stated that he had not offered to employ Barry, but he told him that if his case were given against him and he was thrown out of his employment, that he would endeavour to get his improvements allowed for. He believed the truth would never be got at in these cases if selectors who were dummies were subjected, by speaking the truth, to losing their improvements and to be thrown out of employment. He had submitted this proposition to Mr Nixon, who agreed with it, and asked him to put it in writing, but he did not do so on account of urgent business.

John Harrison, manager of the Tatong station, stated that he had accompanied the last witness to Mr Spicer on the 26th October, 1872 , and was present at the conversation between them. Mr Graves said that according to public report the two Larkins were dummies for the station. He did not believe in public report, but he wished Mr Spicer to give some explanation. Spicer appeared to evade the question, and said that he did not know Mr Graves was the owner of the station, and complained about M'Dougall. He promised to use his influence with these men, and do what he could in the matter. He said the men had been in his employment.

Christian Anderson, a blacksmith, stated that he had assisted in the erection of the hut on Larkins's selection. He had been employed by Mr Jones, and was paid by him. He received a cheque from Jones to get changed. He saw the materials of the hut removed to the selection from Cowell's dairy station.

William Jones, a labourer, stated that he had shifted the hut to Larkins's selection.

continued

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